Kathmandu: A historic change in the rules regarding child custody after divorce has come into effect in Japan. With the enforcement of the new law, divorced couples can now choose joint custody of their children.
Previously, Japan only had a sole custody system. According to that system, legal rights after a divorce remained with only one parent. In many cases, it was customary for the parent who initially took the child to receive full custody. Because of this, a situation was created where thousands of children were completely estranged from either their father or mother.
The revised civil law, passed by parliament in 2024, came into effect on April 1, 2026. With this, Japan has now joined the list of all G7 (Group of Seven) developed nations that legally recognize joint custody.
Seiya Saito, a family law expert in Tokyo, stated that the new arrangement is a significant step for the welfare of children. According to him, the possibility of children maintaining a relationship with both parents has now increased.
According to Japan’s Ministry of Health, Labour and Welfare, around 38.5 percent of marriages ended in divorce in 2024. In the same year, more than 164,000 children were affected by custody disputes. In most cases, custody was granted to the mother.
However, the new law is also facing criticism. Women’s rights activists have warned that there is a risk of victims of domestic violence being pushed back into abusive relationships. Nevertheless, a provision has been kept in the law stating that the court will still grant sole custody if a risk of domestic violence or child abuse is detected.
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